1 Ricardo Mena Head, UNISDR Regional Office-the Americas Disaster Law: International Norms, Problem Areas and Future Directions (Barbados, October 2011) Key Regulatory Issues in Disaster Risk Reduction

2 Who believes that everything will be solved as soon as you have a law in place?

3 Paradigmatic shift: from a reactive to a preventive nature: disasters are an unresolved problem of sustainable development and; risk is constructed socially Redefining development: current models have failed, most of our States INCREASE vulnerability as they build development (e.g. tourism sector development in DR) Strong legal framework-weak institutions and implementing capacity. Capacity building as a key issue. A single law cannot address all the underlying factors of risk: environmental sustainability, watershed management, municipal system law, health, education, building codes and norms, land use planning and zoning, mining, natural resources, climate change, etc, etc..

Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development Mixed progress towards achieving the HFA 2011 Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development

5 National DRR System or one single Agency or Office? Overall responsibility falls in only one agency or every agency does what they have to do within their area of responsibility or mandate? Who coordinates? Enough political weight/support? Defines State as the main agent responsible for DRR. At what level? (national, sub-national, local) Decentralized. Promotes participation of key actors (government at all levels, civil society, scientific community, academic sector, private sector, etc.) Risk is localized. Population is mostly urban. Key role of municipalities/local governments. UNISDR Disaster Resilient Cities Campaign ( )

6 Prescriptive, prospective, corrective and restrictive intervention (Ecuador: risk licenses, Risk Management Superintendence) Open, systemic, dynamic and functional? Establishment of DRR Units/Office in charge of DRR within each line ministry and entities at national level. If not, who is responsible? (Colombia: DRR office also in cities with population greater than 250,000) Funding availability for DRR at all levels? Budgetary allocations clearly defined? (Ecuador 80/20-50/50). The principle of subsidiarity. Gender-sensitive? Special considerations for other vulnerable groups (elderly, children, handicapped)?

7 Clearly defined coordination for development of land use plans between the local, subnational and national levels? Includes public investment as a instruments for DRR? Cost-benefit analysis for DRR measures mandatory? Mandates the formulation of a National Disaster Reduction Plan? National disaster risk management information system in place? (disaster loss database: evidence-based information for decision-making). Links with other information systems e.g. environment, statistics?

Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development Public investment planning 2011 Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development Preventive risk reduction can generate a benefit- cost ratio of 4:1

9 Are financial protection mechanisms defined/identified (CCRIF, Cat bonds, CAT-DDO) Are financial incentives for DRR available? $$$: is the distinction between risk reduction, response and recovery well defined? (México, Colombia, Central America FOCEGIR) Conditional cash transfer programmes used as an opportunity to strengthen community resilience? Need to advocate for DRR with Parliamentarians and Political Parties (UNISDR/IPU publication) “DRR: an instrument for achieving the MDGs”

Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development Identifying risk reduction & transfer options 2011 Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development

Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development 2011 Global Assessment Report on Disaster Risk Reduction Revealing Risk, Redefining Development Adaptive social policies

12 Effective risk governance Political authority Overall responsibility for DRM in central ministry with planning authority Realistic decentralisation Incremental devolution of responsbilities along with appropriate resources. Culture of partnership ‘Open access’ public administration

13 Thank you